Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

kpete

(71,991 posts)
Fri Mar 16, 2012, 08:35 PM Mar 2012

DOJ Wants American Contractor's Torture Suit Against Rumsfeld Dismissed

Source: Legal Times

DOJ Wants American Contractor's Torture Suit Against Rumsfeld Dismissed

The Justice Department is urging a federal appeals court in Washington to strike down a ruling that said former Defense Secretary Donald Rumsfeld can be held personally liable for the alleged torture of an American contractor detained in military custody in Iraq.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit will hear the case, Doe v. Rumsfeld, on Monday morning. DOJ lawyers said in court papers that the suit impermissibly intrudes on foreign detention policy and conduct in a combat zone.

The government wants the appeals court panel to overturn a ruling from U.S. District Judge James Gwin, who said last August that the suit can proceeding in Washington's federal trial court. Gwin rejected the government's effort to dismiss the litigation.

DOJ Civil Division attorney Henry Whitaker, who will argue for Rumsfeld, said in a brief that Congress has not crated a damages action for detainees who allege they were injured or abused in military custody.

Read more: http://legaltimes.typepad.com/blt/2012/03/doj-wants-american-contractors-torture-suit-against-rumsfeld-dismissed.html

56 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
DOJ Wants American Contractor's Torture Suit Against Rumsfeld Dismissed (Original Post) kpete Mar 2012 OP
The Justice Department should change it's name to Autumn Mar 2012 #1
Dept of Joke nm rhett o rick Mar 2012 #4
The Dept of Injustice want's to punish all those dangerous Pot crunch60 Mar 2012 #18
Department of _ed_ Mar 2012 #24
Yet another war crime for the United States government saras Mar 2012 #2
+1 CrispyQ Mar 2012 #3
It's the Dept of 'Let's be sure to cover each other's asses, dept' nm rhett o rick Mar 2012 #5
I'd like to blame Bush - but that this is all on Holder. There is just no difference anymore. 24601 Mar 2012 #7
Its his job to defend the US in such cases not roll over and play dead. cstanleytech Mar 2012 #13
But it is NOT Congress' job to prosecute war crimes, it is clearly the DOJ's job .. 99th_Monkey Mar 2012 #16
The problem is though that they (congress and the senate) are passing laws and such to curb cstanleytech Mar 2012 #21
Exactly loyalsister Mar 2012 #22
The problem with the "Pandora's Box" argument is that just because rhett o rick Mar 2012 #23
That's a red herring _ed_ Mar 2012 #25
They got the birth certificate thing in front of a judge loyalsister Mar 2012 #38
We shouldn't prosecute criminals Aerows Mar 2012 #28
I may not have made my point clearly loyalsister Mar 2012 #29
So you want to prosecute Bush Chenney and Rummy for torture, war crimes and all the Vincardog Mar 2012 #30
That brings us back to congress and the senate since they vote on the laws. cstanleytech Mar 2012 #32
The DOJ should be prosecuting the crimes, or the world court will. Vincardog Mar 2012 #33
Seeing as the world court hasnt done anything about it as of today I doubt we will see them cstanleytech Mar 2012 #35
I am curious. Do you think that is a good thing? Vincardog Mar 2012 #36
That Bush and Cheney will never be held accountable? No, its not a good thing. cstanleytech Mar 2012 #39
Then what do you propose? kenfrequed Mar 2012 #49
What do I think should be done? cstanleytech Mar 2012 #50
Would a prosecution be successful? loyalsister Mar 2012 #37
Would a prosecution be successful? Considering the fact that the perps have admitted on air and in Vincardog Mar 2012 #41
I'm on the thumping my head on the table over them still not being charged side. cstanleytech Mar 2012 #45
logic loyalsister Mar 2012 #46
You don't think that requiring this president and all future presidents to abide by the rule of law Vincardog Mar 2012 #48
What are you referring to, purjury or bombing Serbia? 24601 Mar 2012 #51
Take your pick loyalsister Mar 2012 #52
How would Kennedy invoke an amendment that wasn't adopted for more than three years after his 24601 Mar 2012 #54
No, if Holder thought it was indefensible, he wouldn't defend it. He already showed that with DOMA. 24601 Apr 2012 #55
Necro much ? cstanleytech Apr 2012 #56
Sometines the DOJ judgements are aOK.... Harriety Mar 2012 #6
Yep, still looking forward. SammyWinstonJack Mar 2012 #8
Spam deleted by one_voice (MIR Team) fdherh Mar 2012 #9
The DOJ should be PROSECUTING this case. sabrina 1 Mar 2012 #10
I agree! burrowowl Mar 2012 #17
The DOJ is in essence the lawyer for the government so they can hardly prosecute the case. cstanleytech Mar 2012 #40
The transition deal: "We Dems won't prosecute you war criminal Repugs and in return, we get....?" wordpix Mar 2012 #44
USDOJ: We don't prosecute criminals only whistleblowers. Dont call me Shirley Mar 2012 #11
DOj guss Mar 2012 #12
K&R Solly Mack Mar 2012 #14
K&R jannyk Mar 2012 #15
This is what happens when you let a politicized DoJ remain. OnyxCollie Mar 2012 #19
Kicked and recommended. Uncle Joe Mar 2012 #20
Is Bush still in office? _ed_ Mar 2012 #26
"impermissibly" Hmm. They didn't ask OUR permission to do what they did. Festivito Mar 2012 #27
Holdering on by a thread! RUMMYisFROSTED Mar 2012 #31
The more things "change"... Zhade Mar 2012 #34
this is not Justice ...Justice Department lovuian Mar 2012 #42
"It would put all actions of any military official beyond the scope of judicial review" wordpix Mar 2012 #43
Rumsfeld is not off the hook Rosa Luxemburg Mar 2012 #47
k & r! nt wildbilln864 Mar 2012 #53
 

crunch60

(1,412 posts)
18. The Dept of Injustice want's to punish all those dangerous Pot
Sat Mar 17, 2012, 02:13 AM
Mar 2012

smokers, but hey, let the torture guy Rumsfeld, off the hook.

 

saras

(6,670 posts)
2. Yet another war crime for the United States government
Fri Mar 16, 2012, 08:46 PM
Mar 2012

Yes, I'm referring to the DOJ's attempt to defend it as a separate war crime. I think it deserves prosecution in international court, too.

cstanleytech

(26,291 posts)
13. Its his job to defend the US in such cases not roll over and play dead.
Fri Mar 16, 2012, 10:51 PM
Mar 2012

That doesnt mean what the government did was ok by any stretch of the imagination but it is what it is.
Now the ones really to blame imo are the senate and house, they have the power and ability to address the issue of torture and other crimes but they are choosing to turn a blind eye to it.

 

99th_Monkey

(19,326 posts)
16. But it is NOT Congress' job to prosecute war crimes, it is clearly the DOJ's job ..
Sat Mar 17, 2012, 12:26 AM
Mar 2012

and the DOJ is simply NOT doing it's job on a number of fronts, this being one of the uglier ones.

cstanleytech

(26,291 posts)
21. The problem is though that they (congress and the senate) are passing laws and such to curb
Sat Mar 17, 2012, 09:23 AM
Mar 2012

such investigations not to mention they have the power of the purse so they could just cut the funding for the doj if they wanted to.
So in the end most of the problem with why such cases havent been investigated is because congress and the senate refuse to take action and in the instances that they do take action its usually to cover it up.

loyalsister

(13,390 posts)
22. Exactly
Sat Mar 17, 2012, 09:47 AM
Mar 2012

And imagine what would happen during a 2nd Obama administration if this precedent was set. There would be one lawsuit after another of high ranking officials just to bring Obama down.
It's a Pandora's box that would result in a system that does nothing but try to criminalize, impeach, prosecute current and previous presidential administrations to score partisan points.

If this suit were successful someone would sue Obama's staff in order to demonize dems 2016.

 

rhett o rick

(55,981 posts)
23. The problem with the "Pandora's Box" argument is that just because
Sat Mar 17, 2012, 10:31 AM
Mar 2012

we dont open it, doesnt stop the Republicans from opening it any time they want. And if you are relying on "precedence" just look at Citizen's United.

Someone has to have the duty to try war crimes. Allowing war criminals to go w/o punishment is also a Pandora's Box that we are opening.

_ed_

(1,734 posts)
25. That's a red herring
Sat Mar 17, 2012, 11:23 AM
Mar 2012

Bringing frivolous lawsuits (despite what the public at large thinks) is highly uncommon in the legal system because attorneys must be concerned about getting sanctioned by their state bar.

There would not be "one lawsuit after another" unless prosecutors could meet the specific criteria under the legal code. You can't just file a "witch hunt" lawsuit in court, not if you want to continue your legal career for any length of time.

loyalsister

(13,390 posts)
38. They got the birth certificate thing in front of a judge
Sat Mar 17, 2012, 08:01 PM
Mar 2012

And how well does the suit against Rumsfeld hold up in court?

 

Aerows

(39,961 posts)
28. We shouldn't prosecute criminals
Sat Mar 17, 2012, 11:58 AM
Mar 2012

because it might lead to prosecuting other people who commit crimes?

loyalsister

(13,390 posts)
29. I may not have made my point clearly
Sat Mar 17, 2012, 12:45 PM
Mar 2012

Did Clinton commit a serious crime?
The Pandora's box I am talking about the unintended consequences where people criminalize behavior retroactively or stretch criminal statutes to the extreme in partisan pursuit.

Vincardog

(20,234 posts)
30. So you want to prosecute Bush Chenney and Rummy for torture, war crimes and all the
Sat Mar 17, 2012, 02:23 PM
Mar 2012

millions of cases of illegal surveillance why gave admitted to? The ones they made RETROACTIVELY legal?

cstanleytech

(26,291 posts)
32. That brings us back to congress and the senate since they vote on the laws.
Sat Mar 17, 2012, 04:25 PM
Mar 2012

They also are the ones who initiate impeachment for crimes and they decided not to do the honorable thing and do job they were elected into office to do.

cstanleytech

(26,291 posts)
35. Seeing as the world court hasnt done anything about it as of today I doubt we will see them
Sat Mar 17, 2012, 04:49 PM
Mar 2012

doing anything about it in the future either.

kenfrequed

(7,865 posts)
49. Then what do you propose?
Mon Mar 19, 2012, 01:26 PM
Mar 2012

Seriously, what do you think should be done about it?

I had innumerable discussions with my fellow progressives on this web site of the necessity of articles of impeachment against Bush and Cheney and I was always told "...we can prosecute them later." It was always the same conservative leaning democrats that linger here that would suggest that '...impeachment was tactically bad.'

I'm not suggesting you were a part of that camp, but I would like someone, anyone, to tell me what the hell we should do to assure that this sort of thing doesn't recur.

cstanleytech

(26,291 posts)
50. What do I think should be done?
Mon Mar 19, 2012, 02:45 PM
Mar 2012

I think that the senate and congress should look into it and have him brought up on charges for some of the shit he and cheney pulled but with the way the republicans are behaving its not going to happen.
Oh sure I can guess the reply from you or others might be "but why dont the dems do it" its because they arent stupid twits and they know that there is almost no chance in hell of the republicans agreeing to do it and even if they did agree the republicans wouldnt vote yes to having it go to a judge for a trial because they are still protecting both of the sorry sacks of shit.
To be honest I suspect its gonna end up alot like Nixon, most of us know hes a crook but he never was charged and convicted for his actions just like Reagan wasnt nor was Bush Sr.
As for preventing it...................if congress and the senate agree on a presidents actions we cant do squat to prevent them from doing anything, after all only they can impeach a president and no the ability to recall a president from office isnt the answer either.

loyalsister

(13,390 posts)
37. Would a prosecution be successful?
Sat Mar 17, 2012, 07:54 PM
Mar 2012

Probably not.
What is productive as opposed to satisfying in a prosecution?

If you were to go through an extensive list, is there anything you could find that would be "prosecutable," fall into a civil grievance, or be forced into one or the other via legal maneuvering in the Obama administration? They have tried with the BC thing watch for more and if they are vengeful enough they might find a way to make it happen.

No matter which side you are on, is it truly worth government time and resources?

Vincardog

(20,234 posts)
41. Would a prosecution be successful? Considering the fact that the perps have admitted on air and in
Sat Mar 17, 2012, 09:48 PM
Mar 2012

books that they are in fact guilty, I can not have any doubt of the verdict in a fair hearing.

What is this BC thing you refer to?

Considering that refusing to prosecute them for torture among all the other crimes they have committed,
( prosecuting them would begin to turn us from being a rogue state to the rule of Law) I can think of no better use of government time and resources.

As I see it, you are either with the war criminals or side with justice. with Which side are you on?

cstanleytech

(26,291 posts)
45. I'm on the thumping my head on the table over them still not being charged side.
Sat Mar 17, 2012, 11:00 PM
Mar 2012

But I'm not on the "Lets gnash our teeth and blame the DOJ and the president rather than hold the senate and congress responsible for their failure to investigate and impeach for criminal activity as they are supposed to" side.

loyalsister

(13,390 posts)
46. logic
Sun Mar 18, 2012, 10:53 PM
Mar 2012

Seriously? Did you hear Clinton talking about the meaning of the word "is?"
The legal process is a lot more complicated than you make it out to be. Do you seriously not think that there would be top notch lawyers who could explain that away???
When it comes to a reasonable and logical use of political energy and resources, there are things that involve the future that require the attention of the government. From a perspective of logical focus we still have health care issues, climate change, education, obviously - the economy and unemployment, international relationships and what is happening in other countries that effect us. Is it really sensible to blow a lot of that off in the name of vengeance?

I was referring to the birth certificate thing that actually was considered as a real question via the legal system. The judge threw it out but the fact that it got before a judge is something to consider.

Vincardog

(20,234 posts)
48. You don't think that requiring this president and all future presidents to abide by the rule of law
Mon Mar 19, 2012, 12:35 PM
Mar 2012

require attention? How in your mind does returning our country to the rule of law; where we do not engage in illegal wars, spy on our citizens, torture or kill people without review; prevent us form dealing with

"health care issues, climate change, education, obviously
- the economy and unemployment, international relationships
and what is happening in other countries that effect us.".
?

Are we so short of attention that we can only do one thing?
The fact that some birther got a lawyer to file a case in court is relevant HOW?

loyalsister

(13,390 posts)
52. Take your pick
Mon Mar 19, 2012, 06:10 PM
Mar 2012

In fact, let's go back further and find a Grant drinking binge and see what could have been made of that? K

Kennedy's failure to invoke the 25th amendment due to his illness.

Dig deep into any presidency and with some creativity something can turned into some kind of technical legal grievance. A court actually listened to the Birth certificate argument and demanded that Obama appear in court. Of course, he didn't. What was the justification?

24601

(3,962 posts)
54. How would Kennedy invoke an amendment that wasn't adopted for more than three years after his
Tue Mar 20, 2012, 06:57 PM
Mar 2012

death?

24601

(3,962 posts)
55. No, if Holder thought it was indefensible, he wouldn't defend it. He already showed that with DOMA.
Tue Apr 3, 2012, 07:08 PM
Apr 2012

This is his decision, and his alone.

sabrina 1

(62,325 posts)
10. The DOJ should be PROSECUTING this case.
Fri Mar 16, 2012, 09:54 PM
Mar 2012

This guy really is impressive. I have seen interviews with him and he was not as easily dismissed as the many other victims of torture who tried to get their cases heard here.

He is a very angry US citizen and it is a shame that his Government forced him to have to stand up for himself.

What happened to him should never, ever happen to any person who belongs to a civilized nation that lives by the rule of law.

What a disgrace our DOJ is. Joke is too nice a word for it.

cstanleytech

(26,291 posts)
40. The DOJ is in essence the lawyer for the government so they can hardly prosecute the case.
Sat Mar 17, 2012, 09:06 PM
Mar 2012

As I have said before the ones who really need to do any kind of prosecuting and or atleast investigating the allegations is the senate and congress but their shirking their duty like they did when Bush was still in office, just to bad they dont have the same zeal like they had when it came to the president getting a blow job.

wordpix

(18,652 posts)
44. The transition deal: "We Dems won't prosecute you war criminal Repugs and in return, we get....?"
Sat Mar 17, 2012, 10:33 PM
Mar 2012

Another one-sided deal we Dems got. I missed the part about what we got in that agreement.

Does anyone know?

guss

(239 posts)
12. DOj
Fri Mar 16, 2012, 10:20 PM
Mar 2012

Dept of Justice is should be call Dept of just us.... they will go after Bills bj but, Rumsfeld detention policy and conduct in combat zone. promoting torture that the Japanese was hung for. the Dept of just us is just an good old boy network. winking at each other.

 

OnyxCollie

(9,958 posts)
19. This is what happens when you let a politicized DoJ remain.
Sat Mar 17, 2012, 02:26 AM
Mar 2012
They serve at the pleasure of the President.

Festivito

(13,452 posts)
27. "impermissibly" Hmm. They didn't ask OUR permission to do what they did.
Sat Mar 17, 2012, 11:57 AM
Mar 2012

And, that was domestically created "foreign detention policy" that did not ask US.

So, let me see, if the president declares a short war, he can have someone shoot anybody at any time since they would be in a combat zone.

I don't think I'd vote for that. EVER.

Zhade

(28,702 posts)
34. The more things "change"...
Sat Mar 17, 2012, 04:44 PM
Mar 2012

More like Department of Injustice -- there is no justifiable reason for Obama's administration to protect this war criminal!

lovuian

(19,362 posts)
42. this is not Justice ...Justice Department
Sat Mar 17, 2012, 10:13 PM
Mar 2012

Rumsfeld should NEVER agreed to TORTURE and Abu Ghahib occurred on his watch
He waterboarded our OWN TROOPS

wordpix

(18,652 posts)
43. "It would put all actions of any military official beyond the scope of judicial review"
Sat Mar 17, 2012, 10:29 PM
Mar 2012

Agree with Katz that DOJ setting a dangerous precedent here.

snip:
“Without the ability to turn to the courts, U.S. citizens would lose their individual rights because their ability to enjoy the guarantees of the Constitution would depend entirely on the whim of the officials whom the Constitution constrains,” Katz said in a brief filed in Febtruary. “That fundamental fact is as true in a war zone as anywhere else." SNIP

Katz said the Justice Department wants the D.C. Circuit to adopt a “radical expansion” of the law that would completely foreclose the ability of judges to review any constitutional claim based on actions in a war zone.

“This proposed rule extends much too far,” she said. “It would put all actions of any military official beyond the scope of judicial review with implications that range far beyond any reasonable level of deference to military operations.”

Latest Discussions»Latest Breaking News»DOJ Wants American Contra...